December 24, 1798Can a state say to Congress “that’s unconstitutional”?

Copy of the Kentucky Resolutions

Library of Congress

The Federalists in Congress are trying to silence their opponents. Using their new Sedition Act, they’ve been jailing Republican newspaper editors.

Last month, Kentucky rebelled. This Sedition Act restricts free speech, they say; as a state, we can declare such a law unconstitutional. Today Virginia agreed, passing a resolution written by Madison.

Two states just drove a wedge between federal power and states’ rights. Someday, this crack could become a chasm.